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Railroad Asbestos Claims Railroad workers who suffer from asbestos-related illnesses, like mesothelioma, can claim compensation from their employers. These lawsuits fall under the Federal Employers' Liability Act (FELA). Defense lawyers will attempt to blame the plaintiff's illness on anything other than the asbestos exposure they experienced on the job. They could refer to genetics, smoking cigarettes smoking, or even their home and neighborhood. Federal Employers Liability Act (FELA) The Federal Employers Liability Act (FELA) allows railroad workers to file claims against their employers if they develop mesothelioma or other asbestos-related diseases as a result of negligence exposure. FELA, passed in 1908, allows railroad workers injured to sue their employers without having to go through workers compensation. FELA also places the burden of proof lower on plaintiffs than traditional injury cases, making it easier for workers to prevail in their cases. Asbestos is often used in train and railway equipment due to its low cost as well as its durability and flexibility. It also is a great fireproofing material and has excellent thermal insulating properties. Asbestos can be found on steam locomotives and railroad ties and boilers. It is also present in the engine gaskets, brake pad, locomotive parts, and ceilings of cabooses, passenger cars, and locomotive parts. Railroad workers also were exposed to asbestos during work in roundhouses and shops when locomotives were overhauled and repaired as well as when traveling between places on the rail system by bus or train. Rail workers who suffer from asbestos-related illnesses receive a substantial amount of compensation. This can include medical expenses as well as lost income and emotional suffering. In some cases the family members of the victim could be eligible for compensation for the loss of a loved one. Railway workers are also exposed other toxic substances at work, including diesel fuel, exhaust fumes from diesel engines creosote, welding fumes, and creosote. They could also have been exposed to benzene-containing cleaners, solvents, herbicides, and secondhand smoke. Railroad workers are more likely than others to develop mesothelioma as the result of these exposures. Most of the time the symptoms don't manifest themselves until years after the worker's initial exposure to asbestos. This is why it's important for railroad workers injured and their families to seek legal help immediately. This LibGuide does not provide legal advice. It is designed to be a tool for research for Villanova Law School faculty and students. For more information or to discuss a specific issue, please contact an experienced mesothelioma attorney. Below are the contact details. If you're unable to contact an attorney or a trust fund for asbestos, an asbestos trust can assist with filing mesothelioma lawsuits. State Law Claims The United States Constitution requires that federal law overrules state law. The Supreme Court upheld this principle in the case of Kurns v. Railroad Friction Products Corp. The Court decided that the Locomotive Inspection Act preempted state law claims by railroad workers against manufacturers of asbestos-containing equipment in case of injuries like mesothelioma. The victim was a welding and machinist who worked for a railroad company for almost 30 years, and throughout his time he was exposed to asbestos-containing brakes as well as insulation materials. After retirement the following year, he was diagnosed to be suffering from mesothelioma. He sued the asbestos manufacturers and claimed that they failed to warn to warn him about the risks. The lawsuit also claimed that the railroad did not provide the proper safety equipment. An experienced attorney can assist victims determine if they are eligible for FELA as well as other compensation options. Asbestos lawyers are well-versed in FELA's intricacies and can ensure that their clients receive fair compensation for their damages. The Supreme Court's decision in Kurns left open the possibility that railroad workers suffering from mesothelioma could make claims under state law against asbestos-producing companies, but these claims must be filed in a state with a high level of expertise in handling these cases. In addition the lawsuits must contain allegations of inadequate supervision or training and the defendant must show that mesothelioma suffered by a plaintiff was caused by exposure to asbestos at work. Alameda asbestos lawsuit were affected by asbestos exposure as they worked in locomotive shops, on trains or in other areas. A survey of railroad workers in the 1980s showed that 21% of them had been exposed to asbestos while working. Asbestos is a cause of a variety of diseases such as fibrotic lungs mesothelioma and lung cancer. The mesothelioma lawyers at Simmons Hanly Conroy are experienced in assisting railroad workers and their families. Railroad employees, unlike most workers, don't have access to the common workers' compensation coverage that is found in all states. Instead, railroad employees who suffer from occupational diseases such as mesothelioma have to make a civil claim under FELA. FELA Does Not Apply to All Railroad Companies FELA is a federal law that defines the responsibility of railroad employers for employees who are injured or are diagnosed with certain diseases. However, not all railroads are covered by the law. To be railroad workers to be able to sue under FELA the worker must be employed by a firm that is a common carrier engaged in interstate commerce. If railroad workers develop mesothelioma, or another asbestos-related disease following exposure to asbestos while at work they may be able to sue their employer. It is crucial to remember that a worker must prove that their employer was negligent in their workplace exposure. In addition, the claimant must prove that the asbestos-related disease sustained as a result of that exposure. A FELA claim does not automatically pay a worker compensation for mesothelioma diagnoses because mesothelioma-related symptoms are not likely to appear until a long time after the initial exposure. A mesothelioma lawyer can aid in proving the link between an injury and asbestos-related illnesses. Lawyers from a mesothelioma law firm can review a railroad worker's asbestos exposure history and determine if they are eligible to receive compensation. Although asbestos has been prohibited from use in the United States, some older railway equipment is still made of the harmful substance. For example, almost all steam trains had asbestos in their boilers, fireboxes pipes, cabooses and fireboxes up to the mid-1980s. In addition, railroads might have used asbestos in the railcar insulation, industrial brake shoes, and diesel engine gaskets. Asbestos exposure in the workplace can be a serious problem. Sadly, many railroad companies were aware of the dangers of asbestos exposure but did not protect their workers. In the end thousands of railroad employees have been diagnosed with asbestos-related illnesses such as mesothelioma. It is essential that workers seek the advice of an asbestos lawyer regardless of the recent Supreme Court ruling to ensure their legal rights are secured. A knowledgeable attorney can assist a client in filing an effective lawsuit against a railroad company that didn't take the proper precautions to avoid asbestos-related illnesses. The FELA does not apply to all railway employees. Railroad workers who become diagnosed with mesothelioma or asbestosis or other illnesses resulting from years of exposure to toxic substances have a variety of legal options to choose from. In addition to the compensation available for pain and suffering claims can also cover the cost of medical care funeral costs, as well as other expenses. It is essential for those who worked on the railway to seek expert representation from a dedicated railroad mesothelioma law firm in order to better ensure their legal rights and remedies are protected. It is possible to win a mesothelioma claim against a former railroad corporation even though it might seem daunting. The person who was injured or their family members must demonstrate that the railroad failed to do its duty to protect workers, by failing to limit or monitor asbestos exposure. The asbestos-related illness has to be directly linked to this lapse in care. Injury railway workers should consult with an experienced FELA attorney to determine the most appropriate course of action. FELA allows those who worked for a railroad company that crosses state lines to sue both their employer as well as the manufacturer of the equipment. The law covers those who are injured at work as well as those diagnosed with occupational diseases such as mesothelioma or lung cancer. Despite the fact that FELA has improved workplace safety however, there are still many risks for workers. Despite the dangers, railroad companies are not free from serious misdeeds in their quest to maximize profits. Asbestos no longer is employed in the manufacturing of railroad equipment, however older ones still are exposed to this substance. This is due to the fact that nearly all steam railroad manufacturers used it in their fireboxes, pipes and boilers. In addition, boxcars and cabooses were typically lined with asbestos insulation. Despite the long statute of limitations in FELA cases it is crucial to file a suit when symptoms begin to manifest. Asbestos victims have the right to the financial compensation they are due and legally owed by the responsible parties.